Vermont § 3603 - Establishment of collective bargaining

§ 3603. Establishment of collective bargaining

• (a) Early care and education providers, through their exclusive representative, shall
  have the right to bargain collectively with the State through the Governor’s designee. (b)(1) Mandatory subjects of bargaining are limited to: (A) child care subsidy reimbursement rates and payment procedures, excluding quality standards
  and payment schedules associated with the STep Ahead Recognition System (STARS); (B) professional development; (C) the collection of dues and disbursement to the exclusive representative; (D) agency fees and disbursement to the exclusive representative; and (E) procedures for resolving grievances. (2) The parties may also negotiate on any mutually agreed matters that are not in conflict
  with State or federal law. (c) The State, acting through the Governor’s designee, shall meet with the exclusive representative
  for the purpose of entering into a written agreement. (d) Early care and education providers shall be considered employees, and the State shall
  be considered the employer, solely for the purpose of collective bargaining under
  this chapter. Early care and education providers shall be considered State employees
  for purposes of collective bargaining. Early care and education providers shall not
  be considered State employees for any other reason, including for purposes of vicarious
  liability in tort, unemployment compensation, or workers’ compensation. Early care
  and education providers shall not be eligible for participation in the State Employees
  Retirement System or the health insurance plans available to Executive Branch employees
  solely by virtue of bargaining under this chapter. (e) An early care and education providers’ organization shall not charge the agency fee
  unless it has established and maintained a procedure to provide nonmembers with: (1) an audited financial statement that identifies the major categories of expenses and
  divides them into chargeable and nonchargeable expenses; (2) an opportunity to object to the amount of the agency fee sought, and to place in escrow
  any amount reasonably in dispute; and (3) prompt arbitration by the Vermont Labor Board to resolve any objections over the agency
  fee. (f) Agency fees, if successfully bargained, shall be based on the proportionate amount
  of subsidies an early care and education provider receives. (Added 2013, No. 187 (Adj. Sess.), § 2, eff. June 5, 2014.)